Help with a Charging Order

[Pen]

Hi Guys. Wow this site has changed i don't know my way round any more so please be paitent and help if you can.

 

History.

 

Back in 2005 I was taken to court for a CCJ of £1,300. I tried to defend the case and managed to get it set a side so that i could get all my bank statements together to help prove that i did not owe the said amount.

 

 

Whilst the CCJ was set aside the company issued proceedings for a charging order. when i went to court to defend the charging order i lost. the judge just would not listern to anything i had to say. I was getting advice at the time from the CAB whom basically said if the company get a charging order do not worry too much as i will only have to pay it when my house was sold!!! ha right.

 

It was only when i joined this site in 2007 that i began to look into things further.

 

I found that whilst I was arguing the charging order the company had also gotten the CCJ without me knowing.

Armed with a lot more confidence through this site i decided to fight back. I sent of a cheque for £10 and a request for all my data info. this was never provided so I started court proceedings. However the company managed to get a stay on these proceedings and not long after I got really ill again and as time went on I for got all about it.

 

Whats happened now!!!

 

The company have gotten in touch stating they want paying and if not will initiate court proceedings which will involve the bailiffs. the debt has gone from £1,300 to £9,000.

 

I have writtern to the court to request that the stay be removed from my Date Protection court case.

 

I have also completed a N244 and requested that they CCJ be set aside since i was not awere they had been granted one and I also said if the court could not comply with this request could they make an order to suspend any action until my counter claim has been heard.

 

I have since found out that this company is checking my credit file on a weekly basis, can I stop this???

 

Am I doing the right thing and if not what should i be doing to sort it out thats if it can be sorted.

 

I no I have sat on this for a long time but i really have been seriously ill. I am still ill and time seems to be flying by. I have made an appointment for the CAB on monday but to be honest they were not very good the first time. Please if some one could advice me what to do. Also I think the original debt is made up of chargers if that helps it was a HFC credit agreement.

 

 

Thanks guys

 

Pen x

[rebel11]

Hi Pen,

 

I'm not too clued up on 'charging orders', no doubt the experts will assist shortly

 

Heres some info that might help:-

 

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php

[Pen]

hope so.

 

Thanks rebel xx

[Pen]

Rebel, that was a really good and very interesting Link thank you.

 

I have just read that due to the debt being less then £5,000 and covered by the consumer act that the company should not be adding interest???? they are adding £500 PA. what it does not do however is tell me how to stop them adding the interest lol!!! any offers!

Edited September 10, 2010 by Pen
spelling

[Guest]

some info

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment

'You can try to stop any contractual interest being added by asking the county court to make a ‘time order’. If the court agrees to make the time order, it can revise the rate of payment and alter the rate of interest, from that which is written in the agreement to that which it thinks is just and fair.'

[Guest]

ps

 

Civil Proc. Rule 70, 6 states that 'The County Courts (interest on Judgment Debts) Order 1991 specifies when interest may be claimed on county court judgment debts.)'

 

the 91 order states for eg

 

2.....

(3) Interest shall not be payable under this Order where the relevantjudgment—

(a)is given in proceedings to recover money due under an agreementregulated by the Consumer Credit Act 1974..............

[Pen]

Hi Ford and everyone else.

Thanks for that info it's a great help. I have an apponitment with the CAB today to help me try and sort this out but i suppose the best person to do it is myself?

 

Ford what do i need to do to get this interest removed. I have asked for the order to be set aside or that any action be suspended until my counter claime is heard but I'm not sure how long that will take to process. I completed an application form for that a N244. So is there a form i need to complete to get the interest removed????

 

for this debt to go from £1,300 to £9,000 is beyound reason in my opinion. I would also like the court costs to be looked at as well if that's at all possible since the debt was under £5,000 i thought there were no court costs and i did have a very good reason to defend the case.

 

thanks again

[Guest]

hi pen

 

IMO

am not 100% sure tbh re stopping interest. but, Nat Debt Line site (link above) suggests that on the N244 a 'time order' could be requested to 'reschedule' any payments, and 'ask the court to stop any interest being added'. i suppose that if doing this, and the judgement debt is CCA regulated, then it may be a good idea to quote CPR 70, 6 and the 1991 Order?

it may be that the whole matter will be dealt with at the 'set aside' hearing, once the matter of interest and costs is brought to the ct's attention as well?

or, maybe write to the court about it, or give the court a quick (non committal) call to see what they suggest/think, or give NatDebtLine a call?

did the actual CCJ state anything about interest and costs?

what do you think?

btw, how did it go with the CAB?

[Guest]

ps

some time order info

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders

 

'Some creditors say they can charge interest before and after judgment even though the court usually stops interest automatically on a Consumer Credit Act regulated agreement. It may be possible to ask the court to make a time order in this situation to stop or reduce the interest. This is a complicated area...........'

 

btw. re your pic. you're not connected with loyds are you?

Edited September 13, 2010 by Ford
btw

[debbbbsy]

Thanks for that info it's a great help. I have an apponitment with the CAB today to help me try and sort this out but i suppose the best person to do it is myself?

 

Please Please don't let CAB take control of this problem, by all means listen to any advice. But under no circumstances let them act on your behalf. Stay in control of the situation.

After reading many many threads, they mean well, but have little understanding of consumer law & court procedures, and unfortunately can cause more harm then good.

[Pen]

Hi Ford and Debs.

 

All CAB done was to take down the information thats it. they said they will give me a call. To be honest it was them that got me in this pickle in the first place as i went to them for help and they were meant to go with me to the court hearing but did not turn up. I'm on so much medication now that my memory is awful and i am just no good at standing up for myself any more. I haven't a glue how much charges the courts added as i did not realise they had got the judgement. I knew it had been set aside but thought it was being heard jointly with the charging order application

 

Right back to this, I think your right Ford, I will await the outcome of the N244 before going further.

 

thanks once again guys

 

Ford yes! i was conected to Lloyds. I got I think 17,000 back in charges lol!!! in 2007 however that was after this charging order. If I had know then what i had learned from this site back in 2007 I would have just argued the charges on the debt and have done with it but I didn't know about reclaiming charges at the time. It just showns how good and evective this site is dosen't it.

[Guest]

pen

 

good result getting 17k back!

do you have a date yet for any hearing?

[Guest]

hi pen

 

there are a few current ongoing 'charging order' threads in 'legal issues' atm that may be of interest.

(re 'interest', see this one for eg #78 on! http://www.consumeractiongroup.co.uk/forum/showthread.php?272306-Need-to-get-judgment-set-aside-plus-final-charging-order-please-can-you-help/page4)

 

it may be best to post up/move your thread to 'legal issues'.

Edited September 16, 2010 by Ford
typo

[Pen]

Hi Ford.

No, no hearing date as yet. Thanks for the link I will look through it as i think i'm going to need all the help i can get to fight this one they are right nasty so and so's. When i first in court over this charging order i presented the judge with a certificate from my GP stating i had a life expectancy of less then 12 months hoping the judge would not allow the charging order. ha not a chance. When I spoke to this company last month asking why are they chasing the debt when it is secured on the house he reminded me of my illness as said " your still here, how do i know when you are going to die. we still want paying". how bad is that! he has since writtern to appoligise for his comment but it has not stiopped him harrasing me over it. I don't know what i would do if i was forced to sell our house.

 

17k yes i was over them moon with that and it was all thanks to Gary and Elisnore for the TSB site. The helped me every step of the way even as far as going to court with me thats how great this site along the dedication of some members are on here. I would never have gotten it without them.

 

 

pen

[Guest]

hi pen

 

i was shocked to read of your personal circumstances above! what that guy said to you is despicable! did you make a formal complaint, and report the matter?

 

imo, it seems v. doubtful that you will be forced to sell the house.

 

the particular link and post number i gave is an unfortunate eg of where the ct has, contrary to popular opinion, allowed stat interest post judgement!!! for some reason!?

 

for more help, your thread needs to be moved to the 'legal issues' forum?

 

ford

[silverfox1961]

Morning,

Ford-got your PM

 

Pen, Ford is correct, this thread would get more attention if moved to Legal Issues. I shall do that now

[Chipmeister]

Hi Ford.

No, no hearing date as yet. Thanks for the link I will look through it as i think i'm going to need all the help i can get to fight this one they are right nasty so and so's. When i first in court over this charging order i presented the judge with a certificate from my GP stating i had a life expectancy of less then 12 months hoping the judge would not allow the charging order. ha not a chance. When I spoke to this company last month asking why are they chasing the debt when it is secured on the house he reminded me of my illness as said " your still here, how do i know when you are going to die. we still want paying". how bad is that! he has since writtern to appoligise for his comment but it has not stiopped him harrasing me over it. I don't know what i would do if i was forced to sell our house.

 

That is shocking! What is the matter with these people? How do they sleep at night? Sorry Pen, I can't offer any advice to assist you, just my support.

 

All the best,

CM

[sillygirl1]

Why not get your ocal MP involved, they will slaughter the company and the guy who made that dreadful comment. Why not try to get Tony Heatherington of the Daily Mail involved? This is the sort of story he would love...

[Pen]

Hi Guy's. No never bothered complaining about him, I think he was the bloke in charge so didn't see much point nor did ispeak to him again. any way thatnks gor moving my thread i was wondering how to do it now all i have to do is find it.

 

 

thanks again Guys!! x

[HFO-vered]

Why not get your ocal MP involved, they will slaughter the company and the guy who made that dreadful comment. Why not try to get Tony Heatherington of the Daily Mail involved? This is the sort of story he would love...

 

Hes so difficult to get hold of.Left many messages for him

[Guest]

...................................Am I doing the right thing and if not what should i be doing to sort it out thats if it can be sorted.................................

 

Thanks guys

 

Pen x

 

[silverfox1961]

Morning,

I have asked another member to pop over and see if help can be given.

 

In the meantime, why not have a look at this to see whthere the creditor followed the rules:

 

http://www.justice.gov.uk/civil/procrules_fin/menus/rules.htm

 

Look at parts 12 and 13

[Pen]

Thanks for the Bumb up Ford! and thanks for the link Silverfox i will read through it now.

Sorry I have not been back for a while, I have been phoning the courts each day to see if anything was moving but no news yet so don't no if my application has been excepted or not as to my Counter Claim i have been told it will be looked at next week so fingers crossed on that one.

 

Today i got a call from CAB, they were meant to get back to me after taking down all the details. I have an appointment with them on the 12th OCT obviously they don't deem it urgent.

Also was wondering are TBI allowed to pull up my credit file each week???? can anyone do this? I have never given them permission to check my credit status and don't too many checks effect my credit score??

I will report back as soon as i have read the link from silver fox,

 

thanks everyone

 

Pen

[sequenci]

Hi there, how is this going?

 

Have you got a full breakdown of the interest that has been applied?

[Pen]

Hi Sequenci.

 

No not yet. and i am still trying to find out what court charges and solicitors fee's have been applied. No luck either with CAB. They phoned and had to cancel my appointment as their advidor was of sick so i have to make a new one. No news yet either on my claime against them for lack of Data Information. I wrote to the court a while back to get the stay removed and the court to make an order but will cll them in the morning.

 

Still no news regarding my N244 application to have any action suspended. Even TBI have gone quite which is worrying, I fel as if they are applying for something? I will follow up on the courts tomorrow and see where there up to.

 

Just out of interest did you find out if TBI can check my credit file as and when they like without my permission? is so is there a why i can stop them